Law Commons^™

Folder 65, Lectures, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Folder 66, Library, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Folder 67, Moffatt Grier Macdonald, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Folder 68, J. M. Mcfadden, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Folder 69, Justice Mcgowan Portrait, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Besieging International Law? The Gaza Conflict And The Future Of Siege Warfare, Avraham Russell Shalev

San Diego International Law Journal

The legal boundaries of siege warfare are under renewed scrutiny following Israel’s siege of Gaza after the October 7, 2023 Hamas attacks. This analysis explores the intersection of military necessity and humanitarian obligations, assessing whether Israel’s tactics conform to established international law or signal a shift toward stricter legal interpretations. Key legal frameworks—including the Geneva Conventions, Hague Regulations, and customary international law—are examined alongside debates on civilian protection, humanitarian aid access, and the prohibition of starvation as a method of warfare. A comparative evaluation of sieges in Gaza and Syria reveals inconsistencies in how international humanitarian law is applied, raising …

Electricity Affordability In Context, Troy A. Rule

San Diego Journal of Climate & Energy Law

Recent residential electricity price increases in California have caused some to suggest the state is experiencing an electricity affordability crisis. Although the typical household in California and across the country spends less than three percent of its income on electricity, California’s soaring electricity rates can impose substantial burdens on some of the state’s lowest-income households. Why have retail electricity prices rapidly risen in California over the past decade while remaining relatively stable in others? What are the potential downsides of overly fixating on electricity affordability concerns in the context of energy policymaking? And what principles should guide policymakers in California …

Navigating Utility Liability In A Changing Climate: A Comparative Analysis Of State Utility Failures And Legal Reforms In Response To The Maui Wildfires, Danielle S. Comstock

San Diego Journal of Climate & Energy Law

This Comment will analyze the history of utility liability in climate-related disasters and examine instances where utility companies caused and mitigated damages. Drawing lessons from other states, it proposes several key solutions: clarifying legal standards for utility liability, enhancing regulatory frameworks, and leveraging federal support to drive proactive measures. This Comment aims to provide a comprehensive framework for improving utility preparedness and resilience in the face of climate-related disasters by examining how these solutions could have altered past outcomes and addressing the obstacles to their implementation.

Beneath The Surface: Unearthing Legal, Cultural, And Environmental Challenges To Resource Extraction On Indigenous Land, Danara Greer

San Diego Journal of Climate & Energy Law

Much of the world’s natural capital lies on or beneath lands occupied by Indigenous peoples. Since the advent of colonialism, Indigenous communities have tirelessly safeguarded their land from encroachment by extractive industries. The contemporary consequences of resource extraction on Indigenous lands include environmental degradation and cultural heritage destruction. Rather than providing a legal pathway to self-determination, the United States Supreme Court has eroded tribal sovereignty and undermined the trust relationship between tribes and the federal government. American Indians and Alaska Natives are prohibited from tapping into their resource wealth by an intricate bureaucratic framework that dictates how resources may—and may …

National Report Of United States (2024), Christine Speidel

Research Reports & White Papers

The Observatory on the Protection of Taxpayers’ Rights (OPTR) identifies principles, minimum standards and best practices for the effective protection of taxpayers’ rights. It allows for the permanent monitoring of global compliance with such minimum standards and their amendment and development in different regions of the world.

Reigning In Rushed Recruiting, Jamie Abrams

Presentations

This presentation will survey the timeline shifts that have occurred in the large firm hiring market in the Capital Area region, the collateral consequences of these compressed timelines in LRW classrooms, and the role of the LRW community going forward.

Anticommandeering Climate Action: Defending The Necessity Of Subfederal Planet-Saving Legislation, Tyler Hall

San Diego Journal of Climate & Energy Law

Humanity is on the defensive against climate change, and state and local governments are the front line. Regrettably, Americans have waited too long for air cover in the form of federal climate regulations despite an established history of federal environmental action only emerging from the ashes of headline-grabbing catastrophes. Americans cannot wait on federal legislation to tackle the global and unprecedented problem of climate change. It will come far too late.

State and local governments’ historic police power includes protecting environmental health and public welfare, but decades of successful federal regulation have atrophied its use. Delayed by federal success, state …

Assessing Willingness To Pay For Parking Fees Among Residents: Evidence From Malang City, Damas Dwi Anggoro, Aleyda Farihatus Shofwah

BISNIS & BIROKRASI: Jurnal Ilmu Administrasi dan Organisasi

This study aims to investigate the willingness to pay (WTP) for user charges imposed by the local government using an extended Theory of Planned Behavior (TPB). Viewing the local government as a service provider, the construct of perceived value is incorporated to determine behavioral intention toward user charges, marking a novel contribution of this study to the literature. Specifically, this study analyzes (1) the effect of each TPB construct—attitude toward the behavior, subjective norms, and perceived behavioral control (PBC)—on WTP, (2) the effect of perceived value on WTP, and (3) the indirect effect of perceived value on WTP mediated by …

School Of Law 2025 Commencement Information And Photographs May 16, 2025, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Sdilj V. 26-2 Masthead

San Diego International Law Journal

No abstract provided.

Rethinking Attribution Standards For State Responsibility Concerning Mass Atrocities, Juan Pablo Perez-Leon-Acevedo

San Diego International Law Journal

Attribution of mass atrocities to states remains a central and contested issue in international law, particularly when such acts are carried out by non-state actors or through proxy forces. This Article analyzes how states may incur responsibility for mass atrocities by examining the legal standards developed in the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) and the jurisprudence of the International Court of Justice (I.C.J.). Special attention is given to developments following the adoption of ARSIWA, including the evolving relationship between Russia and the Wagner Group, to assess how legal principles apply in modern conflict settings. …

Labor Rights Under The Usmca: Progress, Shortcomings, And The Road Ahead, Ruby Carlon

San Diego International Law Journal

The United States-Mexico-Canada Agreement (USMCA) introduced the Rapid Response Labor Mechanism (RRLM) to strengthen labor rights enforcement in North American trade. While the mechanism marks a significant departure from NAFTA’s weaker labor provisions, its implementation has revealed systemic shortcomings. The RRLM relies on voluntary compliance, lacks binding remediation requirements, and has an underutilized panel review process, limiting its effectiveness. Economic asymmetry between the United States and Mexico further complicates enforcement, as Mexico bears a disproportionate burden despite having fewer resources to uphold labor standards. Additionally, corporate accountability remains elusive, with companies facing no direct obligations to integrate USMCA labor commitments …

Breaking The Vial: Leveraging North American Regulatory Models And Market Practices To Reform Insulin Pricing In The United States, Chloe Mietzel

San Diego International Law Journal

The high cost of insulin in the United States is driven by restrictive patent protections, trade secret barriers, regulatory inefficiencies, and anticompetitive practices that limit biosimilar competition. While Canada and Mexico have adopted policies that facilitate market entry and government price negotiations, the United States remains constrained by a regulatory framework that prioritizes exclusivity over affordability. Incremental reforms—such as limiting patent extensions, expediting biosimilar approval, increasing pricing transparency, and strengthening antitrust enforcement —could significantly lower costs and expand access. Previous legislative efforts, including the Inflation Reduction Act, have taken steps toward reform, but broader regulatory restructuring is necessary to ensure …

Ai Regulation Across Borders: Legal Challenges And Prospects For International Cooperation, Alex Whaples

San Diego International Law Journal

The rapid development of artificial intelligence (AI) has fueled international calls for a comprehensive regulatory framework to balance innovation with the protection of fundamental rights. This analysis examines the diverse AI governance strategies of four key jurisdictions—the European Union (EU), the United Kingdom, the United States, and China—highlighting their strengths, limitations, and ideological differences. It explores the complexities of crafting an international AI treaty, including challenges related to enforcement mechanisms, regulatory burdens on developers, and ideological divides between Western democracies and China. To navigate these challenges, fostering global cooperation and ensuring accountability without stifling innovation is essential. By leveraging existing …

V. 16, 2025 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.

Playing With Fire: California Homeowners Risk High Insurance Costs Or Losing Homes To Climate Change Disasters, Emily Serleth

San Diego Journal of Climate & Energy Law

California should continue to further the policy of protecting generational homeowners’ right to their property. To do this, insurance rates should be set in a way that avoids unfair premium increases that violate Proposition 103 and unfairly burden consumers. Utilizing CAT models will increase the cost of home insurance premiums due to overestimations of risk, enable bias on the part of insurance companies, and promote a lack of public scrutiny for insurance rates. This creates a confiscatory rate, which violates Proposition 103 and the California Constitution.

Generational homeowners should not be forced to adopt the FAIR plan just to maintain …

A Toxic Inheritance: Addressing The Legal Implications Of Inheriting Hazardous Waste Land, Ashley Pyle

San Diego Journal of Climate & Energy Law

Inheritance law, governing the transfer of assets and rights from generation to generation, is a cornerstone of legal systems worldwide, Inheritance law’s implications extend beyond wealth management and tax strategies. This Article addresses a neglected area of overlap: inheritance law and hazardous waste. Consider Sarah, a Southern California beneficiary whose narrative exemplifies that overlap, and her story of how inheritance law combines grief, liability, and opportunity….

Inheriting toxic land poses a legal challenge to a beneficiary’s ability to abandon property as a matter of law and policy. This raises the additional question of who should bear cleanup liability for an …

The Rainbow War: Ballot Measure 9 And The Fight Over Gay Rights In Oregon, Patrick Douglas Lasalle

Dissertations and Theses

On November 3, 1992, Oregonians were asked to vote on Ballot Measure 9, an amendment to Oregon's constitution that would prohibit anti-discrimination protections for homosexuals, prohibit the use of public funds and facilities to "promote" homosexuality, and require schools to actively discourage homosexuality as "abnormal, wrong, unnatural, and perverse." In this narrative history, I will explore Measure 9 and the ways in which it divided the state, beginning with its introduction in May 1991. I examine the history and reasoning of the Oregon Citizens Alliance, the Christian Right organization behind the measure, as well as the gay and lesbian community’s …

Tribal Justice As A Means Of Resolving Disputes On Shariá Grounds In Palestine

UAEU Law Journal

Abstract

Tribal justice is a mechanism of dispute resolution outside ordinary courts in different disciplines. Shari’a law, norms and customs are the main sources of tribal justice in Palestine. Therefore, the characteristics of the Palestinian society (religious, patriarchal, and community-oriented), constitute a favorable atmosphere for tribal justice to flourish. Consequently, tribal justice focuses on achieving reconciled justice, social security, victim compensation, offender rehabilitation, and deterrence.

The relationship between the tribal and formal justice systems in Palestine is dual. The formal justice system typically seeks tribal intervention in serious crimes, such as murder and rape, to prevent revenge and help de-escalate …

الإنهاء الضمني للعقد الإداري في قضاء مجلس الدولة الفرنسي

UAEU Law Journal

Abstract

As the French Council of State is an inexhaustible source for establishing the principles and rules of administrative law, making its rulings and decisions foundational references in the study of this field, this study examines a recent position adopted by the Council, through which it established a new legal rule regarding the unilateral termination of an administrative contract. Accordingly, this kind of termination is not necessarily taken by explicit administrative decision, rather it can be inferred from approach of the administration, circumstances of its approach and the expiration of the specified execution deadlines stipulated in the contract, especially during …

المواجهة الجنائية للتحايل على عنوان بروتوكول الإنترنت في القانونين الإماراتي والليبي

UAEU Law Journal

Abstract

In the virtual world, criminals often attept to conceal their crimes and prevent detection by criminal justice agencies. They use many means and techniques for this purpose, and perhaps the most remarkable one is to circumvent the Internet Protocol (IP) address with the intent of committing a crime and obtaining its proceeds without being identified and held accountable by the criminal justice system.

There is no doubt that spoofing the IP address poses a significant problems to criminal justice agencies in their mission to investigat crimes and identify perpetrators.

The importance of this study lies in the necessity of …

الإطار القانوني لمختبرات التقنية المالية – فنتك - دراسة مقارنة

UAEU Law Journal

Abstract

The significant and unprecedented advancements in the FinTech sector have posed several legislative and regulatory challenges to the regulating bodies in overseeing this emerging and unique industry. Balancing the promotion of innovation and creativity on one hand while safeguarding consumers on the other hand, have often been conflicting objectives that legislators and regulatory bodies strive to achieve. To address this, many countries around the world have recently adopted organized regulations for the FinTech sector.

This research aims to introduce the Arab reader and researcher to the financial technology - FinTech - sector, which has become a component of the …

رقابة المحكمة الدستورية العليا الفلسطينية على الأنظمة - دراسة مقارنة

UAEU Law Journal

Abstract

This study aims to identify the role of the Palestinian Supreme Constitutional Court in overseeing the constitutionality of regulations, in accordance with the provisions of the amended Basic Law of 2003, which established it as a guardian of its provisions. The court enjoys several powers, including the observance of the constitutionality of laws and regulations, and it falls outside the hierarchical structure of the regular courts. Despite the issuance of the Court Law No. (3) of 2006, its work was not activated until 2016, and that was done under Presidential Decree No. (57) of 2016, which appointed its members. …

نظام الرجوع عن القرارات والأحكام القضائية في دولة الإمارات العربية المتحدة

UAEU Law Journal

Abstract

The legislator in the United Arab Emirates has approved ways to appeal against judicial decisions and rulings, among them some are ordinary ways of appeal, which are represented by the way of appeal in the UAE civil judiciary, through which the principle of two-tier litigation is realized, and some are unusual ways of appeal represented in the petition for reconsideration and cassation. And, by Federal Decree-Law No. 15 of 2021, a system was created for reversing civil judicial decisions and judgments.

The UAE legislator, in the text of Article 187 bis, under which the system of reversal is introduced, …

آثار نزع الملكية للمنفعة العامة على حقّ الملكية الخاصة في النظام السعودي

UAEU Law Journal

Abstract

The decisions of private property expropriation for the public interest, issued by administrative authorities, are among the most important practical applications, that clarify the nature of the relationship between administrative authorities and individuals, as the principle of public benefit is used as a justification for the expropriation of private property against the will of the individual. The aim of this study is to investigate the legality of decisions to expropriate private property for the public interest. Such decisions are closely related to a basic human right (the right of ownership), which necessitates examining the meaning of public interest, and …